Monmouth County Domestic Violence Defense Attorney

Domestic violence accusations can feel like an uphill battle. Beyond the legal hurdles, those charged often have to deal with restraining orders and not being able to get back to their own home—all before they’ve had their day in court.

These cases are personal and emotionally charged, which is why you need a defense attorney who understands that there are always two sides to every story. Whether the allegations stem from a misunderstanding, a heated argument that got out of hand, or false accusations, your future shouldn’t be decided by one person’s version of events.

Attorney Kristen Epifania has defended clients against domestic violence charges for nearly a decade. Knowing how quickly these situations can escalate in the legal system, Kristen works quickly to protect your rights and freedom.

Domestic violence cases often involve conflicting testimony, emotional witnesses, and prosecutors who may rush to judgment. Kristen knows how to challenge questionable evidence and build a strong defense. Contact us today for a free consultation.

Real Case Results

Domestic Violence Case in Union County Dismissed

In this domestic violence matter, the victim alleged that the defendant caused bodily injury by striking the victim in the neck, torso, and face, resulting in bruising and swelling. Following a thorough investigation of the facts and negotiations with the municipal prosecutor, the case against our client was dismissed and later expunged from the client’s record.

Domestic Violence Case in Middlesex County Dismissed

In this domestic violence matter, the victim alleged that the defendant caused bodily injury by utilizing pepper spray in the victim’s face. Though corroborating evidence including photographs and incriminating statements were presented by the prosecution, a dismissal was secured and the case against our client was expunged from the client’s record.

Domestic Violence Case in Hudson County Dismissed

The client was charged with Terroristic Threats, a crime of the third degree, after the victim alleged that the defendant sent harassing text messages with a threat to kill the victim. Despite the existence of corroborating text messages, the charge against the client was dismissed and expunged from the client’s record after successful negotiations with the prosecutor.

Domestic Violence Complaints & Restraining Orders

A domestic violence complaint typically results in a temporary restraining order (TRO) being issued against the accused. The TRO can prohibit you from returning to your home, seeing your children, or having any contact with the alleged victim.

After a TRO is issued, a hearing will be scheduled within 10 days to determine whether a final restraining order (FRO) should be put in place. The FRO hearing takes the form of a trial where both sides present evidence and witnesses. If an FRO is issued, it does not expire, but instead stays in effect permanently. However, there are circumstances where the court may later decide to vacate or modify it based on changed circumstances.

Domestic Violence Penalties

In New Jersey, the criminal charges for domestic violence depend on the offense. For example:

• Simple Assault: Up to 6 months in jail and up to $1,000 fine
• Aggravated assault: From up to 18 months in prison for a fourth-degree charge to up to 10 years for a second-degree charge, with fines up to $150,000
• Harassment: Up to 30 days in jail and up to $500 fine
• Stalking: Up to 5 years in prison and up to $15,000 fine

Additionally, a sentence may require a defendant to undergo mandatory anger management classes or counseling, and can carry collateral consequences such as loss of gun ownership rights.

Domestic Violence Defenses

Every domestic violence case is different. Here are possible defenses that may be applicable:

Lack of Evidence/False Allegations: In many cases, domestic violence allegations may be based on one person’s word against another’s. In such cases, it is crucial to challenge the credibility of the accuser and scrutinize their motives for making such allegations. If there is evidence to suggest that an ulterior motive exists, it can be used to challenge the credibility of the allegations.

Self-Defense or Defense of Others: In some instances, you may have acted in self-defense or in defense of others. If you can show that you reasonably believed that you or someone else was in imminent danger, and that you used no more force than was necessary to protect yourself or others, this could serve as a valid defense.

No Ongoing Need for Protection: A key element in obtaining a final restraining order is demonstrating an ongoing need for protection. If it can be shown that there is no reasonable likelihood of future risk to the alleged victim, this could prevent an FRO from being issued.

Contact us for a Free Consultation

The stakes surrounding a domestic violence allegation are too high to leave your defense to chance or hope that the truth will simply come out on its own. You need a criminal defense attorney who recognizes that domestic violence cases are rarely black and white. Emotions run high, details get distorted, and sometimes the person making accusations has their own motivations. Attorney Kristen Epifania has seen how these dynamics play out in courtrooms across New Jersey and New York City for nearly a decade.

She won’t accept the prosecution’s narrative at face value. Instead, she’ll dig into the details, question inconsistencies, and ensure that your side of the story gets the attention it deserves. When your relationships, your reputation, and your freedom are on the line, you need someone who understands exactly what you’re up against.

The sooner you act, the better we can build your defense. Contact Kristen Epifania today for a confidential consultation.